Reference no: EM131622670

Please use legal reasoning (FIRAC) to respond to this assignment.

J.T., a minor, is a motocross competitor. At Monster Mountain MX Park, he signs a waiver of liability to "hold harmless the park for any loss due to negligence." Riding around the Monster Mountain track, J.T. rides over a blind jump, becomes airborne, and crashes into a tractor that he does not see until he is in the air. To recover for his consequent injuries, J.T. files a suit against Monster Mountain, alleging negligence for its failure to remove the tractor from the track. Does the liability waiver bar this claim?

Facts:

A minor signs a waiver
The minor is injured by Defendant's negligence
Minor brings a lawsuit for damages

Issue:
Whether a waiver is enforceable when signed by a minor?

Rule:
A Minor's Right to Disaffirm
Contract between minor and adult
during minority or for a reasonable time thereafter.

Analysis
Minor - JT is a minor
Contract - the waiver is a contract
Disaffirmance - JT sues for injuries thereby disaffirming the waiver.

Conclusion
A waiver is unenforceable when signed by a minor.